Catch-Up Payments. If a later-stage clinical Milestone Event is achieved for any Product without one or more earlier-stage clinical Milestone Events having been achieved for that Product, then Arsanis shall pay the Milestone Payment(s) for such previous clinical Milestone Event(s) along with the payment for the most recently achieved clinical-stage Milestone Event. If a Milestone Event related to [**] for any Product is achieved without one or more of the clinical Milestone Events being achieved for that Product, then Arsanis shall pay the Milestone Payment(s) for such previous clinical Milestone Event(s) along with the payment for the first Milestone Event related to filing of an NDA for such Product.
Catch-Up Payments. In the event that the 2nd, 3rd or 4th Performance Period Requirements have not been completely satisfied for the first or second Performance Period, and as a result the PDI Shareholders do not receive the Contingent Cash Payment or the Contingent Stock Payment for such Performance Period, then, within 30 days following the end of the three- month period immediately following the end of such Performance Period (a “Subsequent Quarter”), the PDI Shareholders may (i) prepare and deliver to Parent a statement (a “Catch-up Statement”) that specifies an amount of cash from such Subsequent Quarter that has been deposited in the Parent Account to fulfill the Quarterly Deposit Requirement for such Subsequent Quarter as set forth in the Quarterly Financial Statements for such fiscal quarter to be applied to the unsatisfied Annual Deposit Requirement, Semi-Annual Deposit Requirement and/or Quarterly Deposit Requirement from such prior Performance Period (a “Catch-up Cash Deposit”). Within 30 days after receiving a Catch- up Statement, Parent shall pay the Contingent Cash Payment and issue the Parent Stock representing the Contingent Stock Payment for such Performance Period. Any amount of cash that is borrowed from or applied during a Subsequent Quarter to satisfy the Performance Period Requirement for the prior Performance Period shall, for purposes of this Article III, not be counted towards meeting the Annual Deposit Requirements, Semi-Annual Deposit Requirements or Quarterly Deposit Requirements for the Performance Period that includes the Subsequent Quarter. In the event that the Surviving Corporation has deposited in the Parent Account during the three Performance Periods taken as a whole a combined amount of cash equal to or higher than $2,175,000 then within 30 days after the end of the third Performance Period, the PDI Shareholders may issue a Catch-up Statement that recalculates the Contingent Cash Payment and Contingent Stock Payment for any Performance Period in respect of which no contingent payment was previously made, subject to the Surviving Corporation satisfying the other Performance Period Requirements for such Performance Period. Contingent Cash Payments and Contingent Stock Payments made under this Section 3.4(f) instead of under Sections 3.4(d) or (e) shall be considered “Merger Consideration” under this Agreement.
Catch-Up Payments. In the event that the Surviving Corporation generates less than $1,000,000 of EBITDA in a given Performance Period, then, within 30 days after receipt of the Quarterly Financial Statement for the next fiscal quarter ("NFQ"), the BBT Shareholders may prepare and deliver to Parent a statement (a "CATCH-UP STATEMENT") that recalculates the Contingent Cash Payments and Contingent Stock Payments for such Performance Period using a specified amount of EBITDA from the NFQ. Within five days after receiving a Catch-up Statement, Parent shall: (i) pay, or cause the Escrow Agent to pay, to each BBT Shareholder an amount of cash equal to the difference of (A) the pro forma cash payment payable to such BBT Shareholder as set forth in the Catch-up Statement, less (B) the amount of cash paid to such BBT Shareholder with respect to the previous Performance Period; and (ii) deliver, or cause the Escrow Agent to deliver, to each BBT Shareholder a certificate representing a number of shares of Parent Stock equal to the difference of (A) the pro forma number of shares issuable to such BBT Shareholder as set forth in the Catch-Up Statement, less (B) the number of shares issued to such BBT Shareholder with respect to the previous Performance Period. Any amount of EBITDA that is borrowed from an NFQ and used in connection with a Catch-up Statement shall, for purposes of this Article III, irrevocably be deducted from the EBITDA for the Performance Period in which it actually occurs. Notwithstanding the foregoing, the BBT Shareholders shall not be entitled to use EBITDA from any period after December 31, 2004 for purposes of delivering to Parent a Catch-up Statement.
Catch-Up Payments. At the end of each “accrual period” (as defined in Section 1272(a)(5) of the Code) ending after the fifth anniversary of the Issue Date (each, an “AHYDO redemption date”) the Company will be required to pay or cause to be paid any AHYDO Catch-Up Payments.
Catch-Up Payments. Should the Borrower for any reason be prohibited pursuant to the terms of either of the Senior Loan Agreements, from making any payment of interest or scheduled principal payment to the Lender pursuant to section 3.1 or the unpaid portion of the structuring fee payable to First Ontario Management Ltd. pursuant to section 4.3 hereof, or unpaid expenses of the Lender and its agents pursuant to section 4.4 then the Borrower shall pay interest on such unpaid amounts at the Interest Rate plus 2% per annum as provided for in section 4.2 hereof, and all such payments (including principal, interest and interest on unpaid interest) shall become immediately due and payable to the extent permitted under the terms of the applicable Senior Loan Agreement.
Catch-Up Payments. In the event that the CFC IPA Deferred Payment Condition is not achieved with respect to either or both of the First Measurement Period and/or the Second Measurement Period, CFC IPA, or an applicable assignee, shall be entitled to receive a Catch-Up Payment that shall be paid concurrent with the payment(s) of the CFC IPA Deferred Payment(s) for the Second Measurement Period and/or Third Measurement Period, as applicable, if (x) the sum of the Actual Member Month Amount in the First Measurement Period and Second Measurement Period, divided by two (2), equals or exceeds the Target Member Month Amount, (y) the sum of the Actual Member Month Amount in the Second Measurement Period and Third Measurement Period, divided by two (2), equals or exceeds the Target Member Month Amount; or (z) the sum of the Actual Member Month Amount in the First Measurement Period, Second Measurement Period and Third Measurement Period, divided by three (3), equals or exceeds the Target Member Month Amount; provided, that, for the avoidance of doubt, no additional Catch-Up Payments shall be earned after the expiration of the Third Measurement Period regardless of whether the Target Member Month Amount is achieved after such time; provided, however, that to the extent any Catch-Up Payment is earned pursuant to clause (x), (y) and/or (z) of this Section 1.3(b), CFC IPA, or an applicable assignee, shall be entitled to receive such Catch-Up Payment even if such payment is not made until after the expiration of the Third Measurement Period. An example illustration is included in Schedule 1.3(a).
Catch-Up Payments. Milestone Payments are payable one time per Product, the first time each is achieved for such Product. If a later-stage clinical Milestone Event is achieved for any Product without one or more earlier-stage clinical Milestone Events having been achieved for that Product, then iTeos shall pay the Milestone Payment(s) for such previous clinical Milestone Event(s) along with the payment for the most recently achieved clinical-stage Milestone Event. If a Milestone Event related to filing for Marketing Approval is achieved without one or more of the clinical Milestone Events being achieved, then iTeos shall pay the Milestone Payment(s) for such previous clinical Milestone Event(s) along with the payment for the first Milestone Event related to filing for Marketing Approval.
Catch-Up Payments. If PayPal does not transfer the Repayment Amount(s) from Your PayPal Account because there are insufficient funds in Your PayPal Account at the time of the attempted transfer, subject to Section 2.E below, Lender shall direct PayPal to deduct from Your PayPal Account any available funds, at that time and any time thereafter, as funds become available, until the Repayment Amount(s) owed have been delivered to Lender in full. Business further explicitly authorizes and directs PayPal to transfer to Lender any such amount(s). These Catch-up Payments are in addition to any later Repayment Amount(s) that become due and owing to the Lender pursuant to this Agreement. Catch-up Payments may result in multiple deductions from Your PayPal Account at irregular times.
Catch-Up Payments. Should the Borrower for any reason be prohibited, pursuant to the terms of the Senior Loan Agreements, from making any payment of interest or scheduled principal payment to the Lender Group pursuant to section 3.1 or any other amount payable pursuant to this Agreement, then the Borrower shall pay interest on such unpaid amounts at the Interest Rate, and all such payments (including principal, interest and interest on unpaid interest) shall become immediately due and payable to the extent permitted under the terms of the Senior Loan Agreements.
Catch-Up Payments. If milestone event #[***] is achieved for a Licensed Compound and Indication, and at such time any earlier milestone event (i.e., milestone event #[***], as applicable) has not been achieved for such Licensed Compound and Indication, then such earlier milestone event will be deemed achieved and the corresponding milestone payment will be due. If milestone event #[***] is achieved for a Licensed Compound and Indication, and at such time any of milestone event #[***] has not been achieved for such Licensed Compound and Indication, then such earlier milestone event will be deemed achieved and the corresponding milestone payment will be due. If milestone event #[***] is achieved for a Licensed Compound and Indication, and at such time any of milestone event #[***] has not been achieved for such Licensed Compound and Indication, then such earlier milestone event will be deemed achieved and the corresponding milestone payment will be due. If milestone event #[***] is achieved for a Licensed Compound and Indication, and at such time any of milestone event #[***] has not been achieved for such Licensed Compound and Indication, then such earlier milestone event will be deemed achieved and the corresponding milestone payment will be due.
